Dowd v. Yates

Filing 58

ORDER DENYING 52 Motion for Entry of Default Judgment signed by Magistrate Judge Dennis L. Beck on 11/16/2009. (Bradley, A)

1 2 3 4 5 6 RODNEY LAMONT DOWD, 7 Plaintiff, 8 v. 9 J. TEATER, et al., 10 Defendants. 11 / 12 13 Plaintiff Rodney Lamont Dowd ("Plaintiff") is a state prisoner proceeding pro se and in 14 forma pauperis in this civil rights action. This action is proceeding against defendants S. Meyst, J. 15 Teater, J. Argurraide, M. Jenan, K. Ward, A. Defosses, and M. McCollum for violation of the 16 Eighth Amendment. (Docs. 18, 20.) On August 10, 2009, Plaintiff filed a motion for entry of 17 default judgment against defendants Meyst and Argurraide. (Doc. 52.) 18 Entry of default is appropriate as to any party against whom a judgment for affirmative 19 relief is sought who has failed to plead or otherwise defend as provided by the Federal Rules of 20 Civil Procedure and where that fact is made to appear by affidavit or otherwise. Fed. R. Civ. P. 21 55(a). 22 A review of the Court docket indicates that service was never effected upon defendants 23 Argurraide or Meyst. (Docs. 29, 37). Therefore, plaintiff's motion for entry of default and 24 default judgment are premature and DENIED without prejudice. 25 IT IS SO ORDERED. 26 27 28 1 Dated: 3b142a (Doc. 52) ORDER DENYING MOTION FOR ENTRY OF DEFAULT JUDGMENT Case No. 1:07-cv-01505-OWW-DLB (PC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

November 16, 2009

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE